Mar 3, 2018 | Agendas, Events, News
Today begins in Istanbul (Turkey) a two-day training for lawyers and CSO practitioners representing and working with migrants, refugees and asylum-seekers.
This event is organized by ICJ, in cooperation with its partners Refugee Rights Turkey, the European Council on Refugees and Exiles (ECRE), Mülteci-Der (MD) and ICJ-EI, as part of the EU co-financed project Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey.
30 lawyers and civil society practitioners – representing nine different bar associations and relevant organisations from the Ankara area and other nearby key migration and asylum locations – are taking part in the training on 3 and 4 March.
The training aims to update lawyers and CSOs on the international and national law on the rights of refugees, migrants and asylum-seekers in order to be effective in their work at both the national and international levels. It aims at an effective implementation of the Turkish legal framework on asylum and migration.
The main thematic areas to be discussed will be the principle of non-refoulement, international protection, detention and access to economic, social and cultural rights.
The training will use as a basis the draft training materials prepared by the ICJ and its partners (to be published an the end of 2019) and, among other sources, the ICJ Practitioners Guide no. 6: Migration and International Human Rights Law.
The project “Fostering Access to Rights for Migrants, Refugees and Asylum-Seekers in Turkey” is funded by the European Instrument for Democracy and Human Rights (EIDHR) of the European Union.
Turkey-Training-Istanbul2-MigrationAsylum-Agenda-2018-tur (download the agenda in Turkish)
Feb 27, 2018 | Events, News
The ICJ, in collaboration with the UN High Commissioner for Human Rights Regional Office for South-East Asia (OHCHR), and the Centre for Civil and Political Rights, organised a workshop for lawyers from southeast Asia, on engaging with UN human rights mechanisms.
The two-day workshop provided some thirty lawyers from Thailand, Cambodia, Vietnam, and Lao PDR with knowledge, practical skills and expert advice about UN human rights mechanisms, with the participants themselves sharing their own experiences and expertise.
In addition to explaining what the UN mechanisms are and how they work, the workshop discussed how lawyers can use the outputs of UN human rights mechanisms in their professional activities, as well as how to communicate with and participate in UN human rights mechanisms in order to ensure good cooperation and to best serve the interests of their clients.
Sessions were introduced by presentations by the ICJ’s Main Representative to the United Nations in Geneva and OHCHR officials, followed by discussions and practical exercises in which all participants were encouraged to contribute questions and their own observations.
A special discussion of effective engagement of lawyers with Treaty Bodies was led by Professor Yuval Shany, a member of the Human Rights Committee established to interpret and apply the International Covenant on Civil and Political Rights (ICCPR).
The workshop also aimed to encourage the building of relationships and networks between the lawyers from across the region.
The workshop forms part of a broader project of awareness-raising and capacity-building for lawyers from the region, about UN mechanisms.
A similar workshop was held in January 2017 for lawyers from Myanmar.
The project has also published (unofficial) translations of key UN publications into relevant languages, and is hosting lawyers in a mentorship programme in Geneva.
More details are available by contacting UN Representative Matt Pollard (matt.pollard(a)icj.org) or by clicking here: https://www.icj.org/accesstojusticeunmechanisms/
Feb 26, 2018 | Events
On 28 February 2018, the ICJ is holding a workshop on combatting sexual and gender-based violence (SGBV) in Swaziland, in cooperation with Women and Law in Southern African – Swaziland (WLSA Swaziland) and the Swaziland Action Group Against Abuse (SWAGAA).
The workshop, held as part of the ICJ’s Global Redress and Accountability Initiative, will consider the prevalence of SGBV in Swaziland, and contributing factors, and will focus on the extent to which perpetrators of such violence are, and can be, held accountable in law and in practice and the means by which victims of SGBV may better access effective remedies and reparation.
Participants will also discuss opportunities for engagement with UN mechanisms on addressing SGBV in the Kingdom of Swaziland.
The workshop is set against the backdrop of urgent recommendations adopted by the UN Human Rights Committee in 2017 on the combatting of violence against women, in respect of which Swaziland must report to the Committee by July 2018.
It comes ahead of Swaziland’s anticipated report, also due in July 2018, to the UN Committee on the Elimination of All Forms of Discrimination Against Women which in 2014 also adopted several recommendations on the combatting of violence against women.
The workshop also comes as national debates continue on the enactment of the Sexual Offences and Domestic Violence Bill, which Swaziland had committed to enact without delay at its 2016 Universal Periodic Review.
Workshop Agenda
Feb 20, 2018 | News
In a memo published today, the ICJ called on the Moroccan authorities to refrain from signing into Law Draft Organic Law No. 86.15 on access to the Constitutional Court with a view to amending it and ensuring its full compliance with international standards.
On 8 August 2017, the House of Representatives approved the Draft Law.
The Second Chamber of the Parliament, the House of Counselors, approved the Draft Law on 16 January 2018.
Before its promulgation, the Draft Law is due to be reviewed by the Constitutional Court to assess its compliance with the Constitution.
“The Draft Law is a missed opportunity to facilitate individuals’ access to the Constitutional Court and to remedy Morocco’s history of inadequate procedures of constitutional review,” said Said Benarbia, ICJ MENA Director.
“By providing for a two-layered admissibility system that includes vague and subjective criteria, and by omitting to extend free and competent legal assistance to those unable to pay when challenging the constitutionality of laws, the Draft Law puts undue burden on the litigants and curtails their access to the Court,” he added.
Under the Draft Law, a request to challenge the constitutionality of a law can only be introduced in the context of a litigation.
Lower courts are to refer the request to the Cassation Court after reviewing it and confirming that the formal and legal requirements set out in the Draft Law are met.
The Cassation Court shall then assess the challenge and refer it to the Constitutional Court if deemed “serious.”
The ICJ is concerned that this proposed procedure increases the likelihood that some laws and provisions may never be subjected to constitutional review, and that litigants may be blocked in their efforts to ensure the review of the constitutionality of the laws.
Moroccan authorities should provide for lower courts to immediately refer constitutionality challenges to the Constitutional Court, as well for other avenues of access, including for individuals and NGOs to be enabled to join proceedings as interested parties or to submit information as amicus curiae or through expert opinions, the ICJ says.
Under international law, anyone who alleges they have been the victim of a human rights violation has the right to access to an effective remedy, including a judicial remedy.
In Morocco, ensuring that alleged victims have access to constitutional review is of key importance to fulfilling this right within the national legal system.
Morocco-Access Const Ct-News-web story-2018-ARA (full story in Arabic, PDF)
Morocco-Access Const Ct-Advocacy-Position paper-2018-ENG (Memo in English, PDF)
Morocco-Access Const Ct-Advocacy-Position paper-2018-ARA (Memo in Arabic, PDF)
Feb 14, 2018 | News
From 12 to 14 February, representatives the ICJ visited Uzbekistan as the first step in a new programme of work on access to justice in the area of economic, social and cultural rights.
During the visit, ICJ representatives met with a number of State institutions relevant to this topic, including the Supreme Court, the High Judicial Council, the Ministry of Justice, the Bar Association of Uzbekistan as well as the Commission of the European Union Technical Assistance Programme National Coordination Unit (NCU).
The ICJ also met with the Delegation of the European Union to Uzbekistan.
The visit allowed the ICJ to provide information and begin plans for its work to advance access to justice for the protection of economic, social and cultural rights in Uzbekistan in the framework of the ACCESS project (“Advancing Civil Society in promoting ESCR Standards”), supported by the Delegation of the European Union to Uzbekistan.
During this visit, the ICJ signed a Memorandum of Understanding with the Research Centre for the Study of Justice under the Supreme Judicial Council of the Republic of Uzbekistan, with which it held an international seminar on Comparative Approaches to Selection, Appointment and Evaluation of Judges in September 2017.
The memorandum will serve as a platform for furthering ICJ’s work with the judiciary in Uzbekistan within the ACCESS project and other initiatives.
The ICJ is grateful to all those who met with the ICJ representatives in Tashkent.
